Powers of Attorney

There is often confusion between Powers of Attorney and Wills. Most simply put, a Power of Attorney is actioned whilst living and a Will once deceased. Both are incredibly important legal documents that can prevent a lot of inconvenience, distress, lengthy court proceedings and upset. We believe, you should have both documents in place for complete peace of mind.

Like so many others, you may believe that you would be able to act and make decisions for a loved one, close friend or spouse if they were no longer able to because of illness or unable to because they were out of the country or in an accident. Unfortunately this is so often not the case and in most instances court proceedings to gain authority is the only way.

What is a Power of Attorney?

A Power of Attorney is a relatively straight-forward legal document laying out who you would want to act on your behalf if you are unable to deal with your own affairs. Who you chose and trust is up to you – you can name a partner, spouse, civil partner, family member, friend, child, professional…or a combination. There are two types of Power of Attorney…

Continuing Power of Attorney (CPA):

With your permission, this gives the attorney the power to help you make decisions or make decisions on your behalf regarding your financial and property affairs. This particular power can be utilised while you still have capacity i.e. living/working abroad, housebound, hospitalised after an accident etc

Welfare Power of Attorney (WPA):

Unlike a continuing Power of Attorney, these powers only take effect if you cannot make decisions about your welfare yourself…however, you must appoint your WPA while you have capacity and understanding. These powers allow authority over decisions around both your health and personal welfare, for example what medical treatment you should or shouldn’t receive, where you are cared for or live, down to what you eat and how you should be dressed.

If it is too late and the person does not understand what they are doing a Guardianship or Intervention Order may be required, which would involve raising court proceedings.

Benefits of appointing a CPA & WPA:

Allows you to choose individuals who you trust to make decisions or act for you, rather than the court deciding.

Gives you the option to nominate who you know is best placed to understand your wishes and upkeep your values.

It is a relatively straight-forward and cost effective document to prepare.

Making one avoids the need to go to court which can often be a lengthy and expensive process not to mention, stressful experience.

If you are hospitalised or are out of the country, you have peace of mind that someone can act on your behalf down to signing important documentation or paying essential bills.

With regards to a WPA, if you don’t have one in place and lose capacity, it’s too late

GET IN TOUCH

Kirkcaldy: 01592 204774

Dunfermline: 01383 738000

Burntisland: 01592 873501

Dundee: 01382 568188

Broxburn: 01506 855777

You aren't too young to have a POA

Powers of Attorney aren’t just for the elderly, they are a document we advise our clients to have yet hope they never need to use. Almost like an insurance policy! In our option it’s never too early to put one in place as we have seen so often the negative consequences when there isn’t one and it has been too late. Book your appointment today!